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K. KUMARESH BABU
S. Muralidharan, M/s. Parks Chemicals – Appellant
Versus
Executive, Engineer (Distribution)/Rural, Tamil Nadu Electricity Board – Respondent
ORDER :
(Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the 1st respondent in Lr.No.EE/V/U/TTU/UV/D.No.A.530/10 dated 13.4.2010, and quash the same.)
(Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the 1st respondent in letter No.Exe.Engineer/Distribution/Rural/Tuticorin Vo.Va/Ko. KA/ A.No.1362/1 dated 23.09.2013, and quash the same.)
The petitioner being the proprietor of M/s.Parks Chemicals was a consumer under the respondents having been provided with a High Tension service connection with permitted demand of 365 KVA.
2. The first respondent alleged that there is a theft of energy which is punishable under the provisions of the Electricity Act, for which a Provisional Assessment Order estimating a loss for a sum of Rs.76,79,145/- was issued. Thereafter, a Final Assessment Order was also issued which is subject matter of W.P.No.6654 of 2010. Pending this writ petition, the due under the Final Asses
The court emphasized the authority of the Electricity Authorities to make independent assessments and proceed with recovery, even if the Special Court has not yet determined the liability for theft o....
The main legal point established in the judgment is the distinction between unauthorized use of electricity and theft of electricity, the power of authorities to make provisional and final assessment....
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
The assessment of electricity charges in cases of theft or unauthorized use of electricity must follow the procedure under Section 126 of the Act, 2003. The court emphasized the importance of procedu....
The court established that consumers must follow statutory procedures for contesting electricity theft assessments and that reconnection is contingent upon compliance with these procedures.
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
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